National Insurance Company Ltd vs Smt. Atara Behera @ Atanda Behera
2022 Latest Caselaw 6791 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.752 of 2010
                 National Insurance Company Ltd.,
                 represented through its Officer-in-     ....          Appellant
                 Charge, Orissa Legal Cell, Cuttack
                                                        Mr. A.P. Das, Advocate
                                           -versus-
                 Smt. Atara Behera @ Atanda Behera      ....        Respondents
                 and Others
                                   Mr. S. Mohanty, counsel for Respondents 1-3

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

22.11.2022 Order No.

Misc. Case No.141 of 2018

18. 1. The matter is taken up through hybrid mode.

2. The cross-objection being filed by the claimants, they are exempted from payment of court fee for the time being.

3. The Misc. Case is disposed of.

MACA No.752 of 2010

19. 4. Heard Mr. A.P. Das, learned counsel for the insurer -Appellant and Mr. S. Mohanty, learned counsel for claimant - Respondents 1-3.

5. Present appeal by the insurer is against impugned judgment dated 20th August, 2010 of learned Member, 2nd MACT, Northern Division, Sambalpur passed in MAC Case No.131 of 1997, wherein compensation to the tune of Rs.2,00,000/- along with interest @ 6%

per annum from the date of filing of the claim application, i.e. 9th May, 1997 has been granted on account of death of the deceased Muralidhar Behera in the motor vehicular accident dated 16th February, 1997.

6. Mr. Das, learned counsel submits on behalf of the Appellant that the deceased namely Muralidhar Behera being a gratuitous passenger in the offending vehicle, i.e. truck bearing registration number OR 09 6341 on the date of accident, the insurer is not liable to indemnify the compensation amount.

7. Keeping in view the findings arrived in MACA No.686 and 685 of 2008 (order dated 3rd November, 2022), MACA No.259 of 2008 (disposed of today by separate order) and upon perusal of the evidence of P.W.1 and P.W.2 in the present case, the contention of the insurer to treat the deceased as a gratuitous passenger is rejected and the finding of the tribunal that the deceased was a Cooli (labourer) of the offending truck, is confirmed.

8. Considering the submissions made on behalf of the claimants - Respondents for enhancement of the compensation amount, keeping in view the date of accident as well as the present age and status of the claimants, this court does not enter into the details of computation and in the interest of justice, the insurer - Appellant is directed to pay a further consolidated sum of Rs.3,00,000/- in addition to the compensation amount granted by the tribunal.

9. In the result, the appeal is disposed of with a direction to the insurer - Appellant to deposit the entire compensation amount along

with interest before the tribunal as per it's direction and to further pay a consolidated sum of Rs.3,00,000/- (three lakhs), within a period of two months from today. The total amount shall be paid to the claimant

- Respondents in equal proportion by keeping 70% of the amount, fall to the share of each claimant, in fixed deposit in any nationalized bank for a period of five years.

10. It goes without saying that this court has not disturbed the direction of learned tribunal regarding right of recovery granted in favour of the insurance - company.

11. The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal.

12. The copies of depositions, filed in course of hearing are kept on record.

13. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda